Summary: We have upheld Mrs X’s complaint about comments made by an officer checking her Blue Badge. The Council has remedied the injustice to Mrs X during its complaints process. Mrs X complains she has been discriminated under the Equality Act. There is not enough evidence the Council has failed to take account of its duties under the Equalities Act to justify an investigation by the Ombudsman.

The complaint

1. Mrs X complains about inappropriate comments made by an officer checking her Blue Badge. She also complains about how the Council responded to her complaint. She says the Council has breached the Equality Act. Mrs X would like a payment to recognise her time and trouble.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended)
3. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them.
4. Organisations will often be able to show they have properly taken account of the Equality Act if they have considered the impact their decisions will have on the individuals affected and these decisions can be challenged, reviewed or appealed.

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mrs X complained to the Council after an officer checking her Blue Badge made inappropriate comments and failed to follow body worn camera procedures.
8. The Council agreed the officer had not followed the correct procedure. It upheld Mrs X’s complaint and agreed the comment was unprofessional. It apologised and spoke with the contractor to ensure all staff follow correct procedures. The contractor has asked a supervisor to closely monitor the officer, and the officer has received refresher training.
9. I will not investigate this complaint The Council has apologised and taken suitable steps. There is not enough evidence the Council has failed to take account of its duties under the Equalities Act to justify an investigation. The Ombudsman does not punish bodies by providing compensation in the way a court would.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because the Council has remedied the injustice to Mrs X during its complaint process. There is not enough evidence the Council has failed to take account of its duties under the Equalities Act to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman